Still Missing CO - Suzanne Morphew, 49, Chaffee Co, 10 May 2020 *arrest* #90

[mom2chloe]

My error has been deleted.

I’m uncertain as to your recognized error but we learn from mistakes. IMO your opinions and thoughts matter to most of us. Thanks for your input. Always. IMO

 

[MassGuy]

Wow. So no live tweeting tomorrow thanks to today's escapade.

 

[AmandaReckonwith]

Updates are done for today.

Photobucket

 

[Seattle1]

I wonder if the daughters will be exempt from the sequestration order (if they are called to testify ) due to them being considered victims. ??
In the Redwine trial, Dylan’s mother, stepfather and brother all testified and they were exempt ( his brother Corey AFTER he testified) and allowed to be present for the trial.
See paragraph 4 :

https://www.courts.state.co.us/userfiles/file/Court_Probation/06th_Judicial_District/La_Plata/Redwine/Order after PTC.pdf

I believe after the witness testifies and is excused by the court, their sequester from the courtroom is over. Yes, I do recall pursuant to the Victim's Rights Act, qualified victims may be excluded from the order. Also, it appears Colorado Rule 615 - Exclusion of Witnesses was amended effective Oct 14, 2021.

A victim's right to be present at all critical stages of the criminal justice process under Const. Art. II § 16 a and § 24-4.1-302.5(1)(d) takes precedence over a party's right to sequester witnesses under this rule. The father of a murder victim who testified in the defendant's trial was wrongly excluded from subsequent portions of the trial. People v. Coney, 98 P.3d 930 (Colo. App. 2004). Applied in People v. Beltran, 634 P.2d 1003 (Colo. App. 1981).

Rule 615 - Exclusion of Witnesses, Colo. R. Evid. 615

Rule 615 - Exclusion of Witnesses, Colo. R. Evid. 615 | Casetext Search + Citator

 

[MassGuy]

On the CODIS information:

Lindsey said a match is a lead, and a hit is a person.

So a match is partial and a hit is a specific person.

They had a match.

So they don't know whose DNA was on the glove box.

 

[MassGuy]

Ritters called the prosecution because they were worried about violating the protection order, as they have to pass Barry's house to reach the community trash can, so one of the prosecutors actually did that for them.

It really doesn't sound like the defense made much headway in regards to the alleged discovery violations.

Investigators said they don't take notes when they have conference calls, and only record interviews with witnesses.

Ritters said they were afraid of Morphew and discussed the issue in person with Lindsey. They believe Barry is guilty of this homicide.

 

[coastal]

On the CODIS information:

Lindsey said a match is a lead, and a hit is a person.

So a match is partial and a hit is a specific person.

They had a match.

So they don't know whose DNA was on the glove box.

Thanks.
Was BM's DNA found on the glovebox?

 

[MassGuy]

Thanks.
Was BM's DNA found on the glovebox?

No. I think it was a mixture of Suzanne's, one of the daughters, and this partial profile (or whatever it is), of this unidentified third person.

 

[Seattle1]

New link:

During LS live recap about today's hearing, she was repeatedly asked to identify the alleged YT party that was broadcasting the hearing. Although LS would not name anybody specifically, she did say near the end of the recap that it was a paralegal from the defense that alleged a specific YT blogger responsible. Important to note that it was NOT the court that identified the party but an allegation by the defense.

 

[Cindizzi]

Morphew case investigator resigned over personal weapon discharge, letter reveals

I just wanted to point out this paragraph, because I'm petty.

"Eleventh Judicial District Judge Patrick Murphy recused himself from the case last month because of a longtime friendship he has with an attorney representing Barry Morphew's girlfriend, Shoshona Darke."

I like your style.
Let’s call a spade a spade imo.

 

[Boxer]

No. I think it was a mixture of Suzanne's, one of the daughters, and this partial profile (or whatever it is), of this unidentified third person.

Why was BMs DNA not on the glove box?
Seems like hanging out eating pizza in the car with his wife would leave a lot of trace DNA.

 

[MassGuy]

Why was BMs DNA not on the glove box?
Seems like hanging out eating pizza in the car with his wife would leave a lot of trace DNA.

Touch DNA is a fickle thing. Do we know they were even in her car at the time, and not in his?

 

[Cindizzi]

Thanks.
Was BM's DNA found on the glovebox?

Morphew case investigator resigned over personal weapon discharge, letter reveals
According to information divulged in court hearings, the glove box DNA was a mixed partial sample of three profiles, including Suzanne Morphew, one of the Morphew daughters and a third person. The third profile is still unknown and contained markers similar to profiles found in three sex assault cases in Arizona and Chicago through the Combined DNA Index System.

It's unclear to whom the profiles belong, whether there is enough of a profile to identify a close match, or whether the profiles have been thoroughly investigated. The defense team said Barry Morphew's DNA has been excluded from the glove box sample; however, the unknown touch profile was not found anywhere else but on the glove box.

 

[Cindizzi]

https://twitter.com/laurenscharftv/status/1485853259117961222?s=21
As of right now, we will no longer be allowed to tweet live during #BarryMorphew court proceedings. If this changes, I will let you all know ASAP! I’ll be giving another live report at 5 pm on @FOX21News

 

[Seattle1]

Wow. So no live tweeting tomorrow thanks to today's escapade.

I think we will be seeing a new Courtroom Decorum Order tomorrow by the Court (Lama)-- citing the same concerns Murphy noted last year specific to WebEx. We already know that Colorado prohibits cameras/recording in criminal courtrooms except for advisements and arraignments and if not for covid, Colorado had no WebEx in the courts.

Colorado eyes future of virtual court in post-pandemic world

Oct 8, 2021

Earlier this year, Boatright gave chief judges the authority to make policies on virtual appearances for each of Colorado’s 22 judicial districts, continuing the court system’s pandemic-long approach of letting local jurisdictions make their own rules within a broad framework. A Denver Post review of those policies shows many chief judges further delegated decision-making to individual judges.

[..]

In the Morphew case, Chief Judge Patrick Murphy cited “enormous public interest” as a reason not to stream the hearing online. He noted that more than 1,100 people tuned in to watch a prior broadcast of a hearing in the case, and that some viewers carried on an “inappropriate” conversation using the streaming service’s chat feature.

“Broadcasting the proceedings via Webex would very likely result in thousands of people viewing the hearing,” he wrote in an August order. “This would seem to thwart the purpose of limiting expanded media coverage in criminal cases. Those purposes include not interfering with the rights of the parties to a fair trial, not detracting from the decorum and dignity of the court and not creating adverse effects that would be greater than those caused by traditional media coverage.”

 

[Seattle1]

Thanks.
Was BM's DNA found on the glovebox?

Not on the glovebox but BM's DNA was found on the door and driver's seat of the RR.

EXCLUSIVE: Barry Morphew attorneys to sue case investigators for false arrest, defamation

 

[al66pine]

Daughters. Victims' Rights? Sequestration?

I wonder if the daughters will be exempt from the sequestration order (if they are called to testify ) due to them being considered victims.

@Cindizzi sbm Good catch from Redwine case.
Under CO's Victim Rights Act,* SM's daughters are victims of their Mother's death (charged as a homicide) and are afforded certain rights, including being present at trial.
But, BUT, BUT, this CO statute also recognizes court rules, and imo allows for exceptions to victim's rights, on a case-specific basis.

The CO. statute** does not prohibit Dist.Atty. from making a motion to sequester victim(s) from a critical stage of the case, like trial.
But it** requires DA to inform victim(s) of motion to sequester, and if victim tells DA of his/her position, DA is then to inform the court of victim's position, if any. If victim objects, before granting Seq. order, the court is to state in writing or on the record, that the objection was considered, and state the basis for court's decision. <---My summary of statutory section, quoted verbatim below.**

IOW victim may provide input re sequestration decision but court is not compelled to defer to objection.
Welcoming comment, corrections, esp'ly from our legal professionals. my2ct.

_______________________________
* "The Rights of Crime Victims in Colorado" A Colorado state pub., Rev. Nov 2019, re CO Victim Rights Act,
- various homicide offenses are covered crimes. (24-4.1-302.(1))
- "Critical stages" ...includes certain stages of the criminal justice process" (24-4.1-302.(2))
- including "...The trial;..." (24-4.1-302.(2) (g))
- "Victims" of homicide "include the deceased victim's child..." and others. (24-4.1-302.(5))

** "24-4.1-303.... (3.5) The District Attorney’s Office, if practicable, shall inform the victim of any pending motion or decision by the District Attorney’s Office to sequester the victim from a critical stage in the case. The District Attorney shall inform the Court of the victim’s position on the motion or the District Attorney’s decision, if any. If the victim has objected, then the Court, before granting the sequestration order, shall state in writing or on the record that the victim’s objection was considered and state the basis for the Court’s decision." bbm
^ https://cdpsdocs.state.co.us/dcj/DCJ External Website/OVP/Courts responsibilities under VRA.pdf

 

[mrjitty]

1/25/2022 -- I Can’t Believe the Cops LIED!

Interesting he makes the same mistake about what the glove Box DNA means

 

[mrjitty]

Yup. Grusing did his 25 and has now moved on to greener pastures.

Cahill saw the writing on the wall, and likely resigned in lieu of firing.

So the internal affairs investigation is far from ideal.

We don't know what aspects of that will be admissible.

The good news is that Grusing is likely to be the star prosecution witness, and hopefully the damage can be limited via corroboration.

 

[Cindizzi]

I think we will be seeing a new Courtroom Decorum Order tomorrow by the Court (Lama)-- citing the same concerns Murphy noted last year specific to WebEx. We already know that Colorado prohibits cameras/recording in criminal courtrooms except for advisements and arraignments and if not for covid, Colorado had no WebEx in the courts.

Colorado eyes future of virtual court in post-pandemic world

Oct 8, 2021

Earlier this year, Boatright gave chief judges the authority to make policies on virtual appearances for each of Colorado’s 22 judicial districts, continuing the court system’s pandemic-long approach of letting local jurisdictions make their own rules within a broad framework. A Denver Post review of those policies shows many chief judges further delegated decision-making to individual judges.

[..]

In the Morphew case, Chief Judge Patrick Murphy cited “enormous public interest” as a reason not to stream the hearing online. He noted that more than 1,100 people tuned in to watch a prior broadcast of a hearing in the case, and that some viewers carried on an “inappropriate” conversation using the streaming service’s chat feature.

“Broadcasting the proceedings via Webex would very likely result in thousands of people viewing the hearing,” he wrote in an August order. “This would seem to thwart the purpose of limiting expanded media coverage in criminal cases. Those purposes include not interfering with the rights of the parties to a fair trial, not detracting from the decorum and dignity of the court and not creating adverse effects that would be greater than those caused by traditional media coverage.”

I just hope that Judge Lama will make sure that Court documents will be published on the COCourt site for public access moving forward. I still don’t understand why all the Motions and Court Orders in this case have not been uploaded there. Judge Murphy even announced that they would be made available and it never happened. I’ve not ever seen this happen.

Documents released in Barry Morphew murder case reveal behind-the-scenes details